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Section 1808

Citation
Section 1808 (5)
Parent Document
McHugh v. Santa Monica Rent Control Board, 777 P.2d 91 (1989)
Jurisdiction
California (state)
Effective Date
1989-08-17
Original Source
https://www.courtlistener.com/opinion/1156663/mchugh-v-santa-monica-rent-cont... ↗

Other Sections in This Document (387)

Full Text

582 chars 
(5) The Board authorized tenant Plevka to "withhold[] his entire month's rent in the first month following the Board's decision ... and the remaining monies in the months thereafter. The withheld amounts shall not form the basis for an unlawful detainer proceeding based upon nonpayment of rent."[39] Plaintiff asserts that by allowing such withholding, and by setting up the Board's decision as a defense to any unlawful detainer action based on nonpayment of rent, the Board in practical effect issued a self-enforceable judgment, thereby violating the judicial powers clause.[40]